Mr. Herger (for
himself, Mr. Matheson,
Ms. Bordallo, and
Mrs. Myrick) introduced the following
bill; which was referred to the Committee
on the Judiciary

A BILL

To amend title 18, United States Code, to prohibit the
use of interstate commerce for suicide promotion.

1.

Short title

This Act may be cited as the
Suzanne Gonzales Suicide Prevention
Act of 2009.

2.

Prohibition on
the use of Interstate commerce for suicide promotion

(a)

In
general

Chapter 51 of title 18, United States Code, is amended by
inserting after section 1122 the following:

1123.

Interstate
suicide promotion

(a)

Whoever knowingly
uses any facility of interstate or foreign commerce with intent—

(1)

to teach a
particular person how to commit suicide, knowing that the person so taught is
likely to use that teaching to commit suicide; or

(2)

to provide a
particular person with material support or resources to help such person commit
suicide, knowing that the person is likely to use the support to commit
suicide;

shall be
fined under this title or imprisoned not more than 5 years, or both, but if the
death of any person is caused by the offense, the term of imprisonment that may
be imposed for the offense is any term of years or for life.(b)

As used in this
section—

(1)

the term
teach a particular person how to commit suicide means supplying
information, that is not generally known, to a particular person who the
provider knows is contemplating suicide, with the intent of making that
person’s suicide attempt easier to accomplish or more likely to succeed;

(2)

the term material support with
respect to helping a person commit suicide means any property, tangible or
intangible, or service that is reasonably capable of substantially assisting a
person to commit suicide, with the intent of making that person’s suicide
attempt easier to accomplish or more likely to succeed; and

(3)

the term
State includes the District of Columbia and any other
commonwealth, territory, or possession of the United States.

(c)

Nothing in this
section—

(1)

supersedes the
authority of a State to enact laws relating to suicide or assistance to suicide
within its territory; or

(2)

prohibits the use
of a facility of interstate or foreign commerce to supply information or
material support to a recipient acting in accordance with the law of the State
in which the recipient
resides.

.

(b)

Clerical
amendment

The table of sections at the beginning of chapter 51 of
title 18, United States Code, is amended by inserting after the item relating
to section 1122 the following new item: